Michigan Compiled Laws

Mich. Comp. Laws § 388.553 (2026)

Private, denominational and parochial schools; teachers, qualifications, examinations.

✓ current as of July 2026

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PRIVATE, DENOMINATIONAL, AND PAROCHIAL SCHOOLS

Act 302 of 1921

388.553 Private, denominational and parochial schools; teachers, qualifications, examinations.

Sec. 3.

No person shall teach or give instruction in any of the regular or elementary grade studies in any private, denominational or parochial school within this state who does not hold a certificate such as would qualify him or her to teach in like grades of the public schools of the state: Provided, however, That any person who shall have taught in any elementary school or schools of the standard specified in this act for a period of 10 years or more preceding the passage of this act, shall, upon filing proof of service with the superintendent of public instruction, be entitled to a certificate by said superintendent of public instruction in such form as he shall prescribe, to teach in any of the said schools within the state: Provided further, That teaching in such schools shall be equivalent to teaching in the public schools for all purposes in obtaining a certificate: Provided further, That the teachers affected by this act may take any examination as now provided by law and that the superintendent of public instruction may direct such other examinations at such time and place as he may see fit. In all such examinations 2 sets of questions shall be prepared in subjects ordinarily written on Saturday, 1 of which sets shall be available for use on Wednesday by applicants who observe Saturday as their Sabbath: Provided further, That any certificate issued under or by virtue of this act shall be valid in any county in this state for the purpose of teaching in the schools operated under this act: Provided further, That any person holding a certificate issued by the authorities of any recognized or accredited normal school, college or university of this or other state shall be entitled to certification as now provided by law: Provided, however, That teachers employed in such private, denominational or parochial schools when this act takes effect shall have until September first, 1925, to obtain a legal certificate as herein provided.

History: 1921, Act 302, Eff. Aug. 18, 1921 ;-- CL 1929, 8153 ;-- CL 1948, 388.553

Constitutionality Notes:

Michigan Supreme Court held that the “teacher certification requirement [for home schools] is an unconstitutional violation of the Free Exercise Clause of the First Amendment as applied to families whose religious convictions prohibit the use of certified instructors.” People v DeJonge, 442 Mich 266; 501 NW2d 127 (1993).

Notes of Decisions

Cited in 11 cases, 1971–1997 · leading case: People v. DeJonge, 501 N.W.2d 127 (Mich. 1993).

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People v. DeJonge, 501 N.W.2d 127 (Mich. 1993). · cites it 10× “At issue is the constitutionality of MCL 388.553; MSA 15.1923, which requires parents who conduct home schooling for their children to provide instructors certified by the state.”

Sheridan Road Baptist Church v. Dep't of Educ., 396 N.W.2d 373 (Mich. 1986). · cites it 8× “1923, respectively, provide in relevant parts: It is the intent of this act that the sanitary conditions of such schools, the courses of study therein, and the qualifications of the teachers thereof shall be of the same standard as provided by the general school laws of the…”

Council of Organizations & Others for Educ. About Parochiaid, Inc. v. Governor, 566 N.W.2d 208 (Mich. 1997). · cites it 2× “§ 388.553; M.S.A. § 15.1923. [21] Sections 1267 and 1274 require school districts to obtain competitive bids when entering into construction contracts and when purchasing supplies, materials, equipment, or services where the cost of a single transaction is $12,500 or more.”

Clonlara, Inc v. State Bd. of Educ., 501 N.W.2d 88 (Mich. 1993). · cites it 2× “1284(1); MSA 15.41284(1). [46] MCL 388.1701; MSA 15.1919(1001).”

Advisory Opinion Re Constitutionality of Pa 1970, No 100, 180 N.W.2d 265 (Mich. 1971). · cites it 4× “[26] MCLA § 340.365a (Stat Ann 1968 Rev § 15.”

Hanson v. Cushman, 490 F. Supp. 109 (W.D. Mich. 1980). · cites it 4× “Although there is no allegation in the complaint, plaintiffs at oral argument raised the issue of equal protection as another challenge to the state’s requirements.”

People v. Bennett, 501 N.W.2d 106 (Mich. 1993). · cites it 4× “Yet, I would hold that MCL 388.553; MSA 15.1923 unconstitutionally abridges defendants' right to direct the education of their children because it is an unreasonable regulation unrelated to the educational achievement of their children schooled at home.”

Sheridan Road Baptist Church v. Dep't of Educ., 348 N.W.2d 263 (Mich. Ct. App. 1984). “MCL 388.553; MSA 15.1923. Certification requirements are determined by the State Board of Education, MCL 380.”

Clonlara, Inc. v. Runkel, 722 F. Supp. 1442 (E.D. Mich. 1989). “§ 388.553. The statute provides for notice in the event of a violation.”

Clonlara, Inc v. State Bd. of Educ., 469 N.W.2d 66 (Mich. Ct. App. 1991). “” MCL 388.553; MSA 15.1923. The specific regulations set forth in the procedures on the basis of the broad general intent of the nonpublic school statute do not constitute mere explanation of the statute’s requirements.”

People v. DeJonge, 449 N.W.2d 899 (Mich. Ct. App. 1989). · cites it 2× “That act requires at MCL 388.553; MSA 15.1923: No person shall teach or give instruction in any of the regular or elementary grade studies in any private, denominational or parochial school within this state who does not hold a certificate such as would qualify him or her to…”

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